3A - Conditional Use Application for Grading in Excess of 100 Cubic Yards

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COMMUNITYGROWTH Gly of ` NSTITUTE Pe4uo Lakes Experts in Sinall lcr vn I'lcurrrht g Staff Recommendation: The applicant indicates that there is excess topsoil on the site. This is likely the case, however, it is critical that the project remain viable long- term. With understanding for the applicant and acknowledgment of the difficulty of coordinating a project of this magnitude, it needs to be noted that the project has not been moving ahead very quickly. Additionally, what has been done has caused concern with erosion and overall site management. While those problems have been addressed, the overall long-term concern lingers. The worst-case scenario on this project at this point is that the topsoil is sold,the project does not proceed and the site is left significantly devalued with difficult prospects for resurrecting a successful project. To safeguard the public interest and allow the applicant to proceed, we recommend that the application be approved with consideration given to adopting one of the following conditions of approval: i. An engineer's estimate is made of the total amount of topsoil needed in a restoration of the site. That amount will be verified by the City Engineer. A volume of topsoil equivalent to that amount shall remain stockpiled on the property until such time as the major road, water, wastewater and storm sewer improvements are completed,at which time it may also be sold. or 2. An engineer's estimate is made of the total amount of topsoil needed in a restoration of the site and the cost of obtaining that topsoil from an outside source. Those amounts will be verified by the City Engineer. A bond for 125% of this amount will be provided to the City, in a format acceptable to the City Attorney,prior to removal of topsoil from the site. Pequot Lakes Staff Report 3(b)-4 June 18,2009